75 7 

lEIilH nil H JHIIIISTiyiTll 

THE CONSTITUTIONALITY 

Acts ITindicated! 

vfirn A 

REVIEW OF TUI^^PMINISTRATION" 

BY W';' j/ljOCKSTADEE. 
WASinl?/GTON, 18C4.3 

" There arc periods iu the history of nations, as well as of ilidividuals, that 
«ro ihe turning point of their destinies. ' ',"* ' ■ 

roriotis, V. lien events long germinatlnjj, culminate witH the rapidity of 
thought, bearing in their train an avalanche of woe, or heralding prophetic 
giear^s of a hopeful future. 

We are now at the crisis of our destiny, and the nation is struggling in the 
!j ^.hirlpool of events, in which we must either sink into an abyss of infamy, or 
,, emerge purified and regenerated as a people. 

For over sixty years the theory of self-government by the people ]^a been 
a problem, whose solution has been watched with jealous solicitation by the 
dynasties of Europe — Freedom during the interim steadily, but surely, prog- 
ressing with gigantic strides. 

, To a casual observer, the country for years has seemed prosperous; but 
underlying this was the accursed plague-spot of human slavery, which, since 
the organization of the Grovernment, has slowly disseminated its virus through 
the '' body-politic," and spread abroad its corrupting influences through the 
secret machinations of its insidious agents for the retention of power, but the 
" handwriting on the wall," prognosticating its downfall, pointed to revolution 
as. a last resort to retain its ascendancy. 

To this, and no other cau^e, are we indebted for the rebellion now threat- 
ening the national existence, and the shallow pretext of Mr. Lincoln's election 
as a " casus belli''' by the southern leaders, ia most lame and impotent. Of 
the immediate events preceding the advent of the present Administration, the 
country is too well informed to need a recapitulation here. 

Of the acts of Mr. Lincoln, their constitutionality, and what the present 
Administr.itifn Kr ^ done since its induction into power, we propose to treat. 
,i»^- ^vSaumins: tL'- reins of Government in the darkest dayg of the Republic, 
Vhen tut) street^ ..f the Capital swarmed with armed traitors, the Army under 
cciuniaad of i i.-itor in Texas, and the Navy scattered to the four quarters 
of the globe, the prospective future of the nation looked gloomy and un- 
certain. 

Did Mr. Lincoln falter in the least, oi; fail to fulfill the high trust reposed 
in him by the people ? Let history answer ! 

. Exhausting every means of reconoiliation consistent with national honor and 
integrity, (which were indignantly spurned by the rebels,) he accepted the 
.g^ge of battle, and issued a call for 75,000 men for three months, which was 
promptly responded to, and the quota at once raised, arm^d, and equipped. 

This act was denounced by northern traitors, and rbfc'el sympathizers, as 
unconstitutional, tyrannical, &c. No loyal man, or patriot, however, ques- 
tioned its legality, which is sanctioned by the Constitution, in Article first, Sec- 
tion eight; which ''/Jroui/Zes /or calling forth the militia to suppress insur- 
rection, and repel invasion,''' fyc. 



The rebellion increasing in magnitude, and the ranks of our armies becom- 
ing depleted by losses from battles and disease, it was deemed necessary to 

draft to fill them up. , ..,.,•/. 

And here, again, traitors at home prated of unconstitutionality, when intact 
a law of Congress empowered the President to order a draft, providing suffi- 
cient men wore not raised by volunteering, the Constitution especially 
providini,' for Congress " to raise and support armies." 

And, again, in arming the negroes, the President was denounced by trait- 
ors' North and South, as violating the Constitution. And yet this was not 
done until Congress had enacted a law for this very purpose. How then in 
carryin<' out the letter of the law was the Constitution violated ? .... 

The "policy of arming them was not decided upon until the necessities of 
war made it clearly manifest that it was most essential to our success to de- 
prive the rebels of this potent clement of strength, for while all able-bodied 
whites in the Confederacy were pressed into the military service, the negroes 
were used for agricultural labor, and thoao not so omployod were placed on the 
fortifications, thereby husbanding their military strength for the emergencies 

of the field. \„^ r.' r A A 

The suspension of the writ of Habeas Corpus, (a measure rendered necessary 
for the f'cneral safety by the exigencies then arising,) raised a general cry of 
opposition among the malcontents, as another unpardonable violation of law, 
and usurpation of power. _ • . x- i , o .• n <. ^t^j. 

In reference to this the Constitution says, in Article 1, Section 9: " /Ae 
privilege of the icrit oj Habeas Corpus shall not be suspended unless in case 
of REBELLION or INVASION the public safety may require it." 

The constitutional right is liere clearly established beyond cavil, and so plain 
that none but a fool need err therein. .,. . , ' . , 

The policy of emancipation, as a powerful auxiliary in weakening the 
strength of the enemy, was long under consideration by Mr. Lincoln and the 
Cabinet, and only delayed, from diversity of opinion, as to the time when it 
would be most potent in its advent. :, . ! , j . .v 

This when adopted, was a vital blow to the slave power, and touched to the 
quick ail rcbcldom, and the verdict among all loyal men and patriots was uni- 
versal in its favor. Its effectiveness, and favorable results to the Union cause, 
• are well known to every intelligent reader and observer. 

In nearly allold countries the punishment of Treason is death, and confisca- 
tion of the estates of those' in arms against the Government. 

There being no existing law to meet the case, Congress passed a Confisca- 
tion Act, providing a certain time for rebels to laydown their arms ; or, failing 
in that to have their property confiscated, including their slaves. • Thisf ii.'S 
other acts of the Administration, met with severe denunciation by rebel sym- 
pathizers; yet the legality of any act authorized by Congress is beyond ques- 

•The open and defiant treason of Vallandigham, and others entertaining sim- 
ilar sentiments, rendered their arrest essential as well to the public interest, as 
sustaining intact the authority of the Federal Government. 

These advocates of anarchy and disloyalty were as much enemies to the 
State as our foes in the field, only that the acts of the former were covertly 
performed under specious pretexts— stabbing the Government in the dark. 

The issue of the first battle of Bull Run demonstrated but too forcibly to the 
Administration the necessity of a change in the organization and discipline 

In the military district, of which Western Virginia formed a part, partial 
successes had crowned our arms. McClellan was in command of this district, 
•md under him was Kosecrans, to whom all the credit of success rightfully be- 
longed • but McClellan, in his official dispatches, arrogating to himself the 



laurels' belonging to another, the Government was a victim to the deception, 
and called him to the chief command of our armies ; believing that in 
his ability and military genius the country would have 'cause for congrat- 
ulation. 

Upon his assumption of command every facility was afforded by the Admin- 
istration to enable him to carry out his plans on the scale of magnitude he 
proposed, until an army of 200,000 men was raised, organized, and fully 
equipped. How did he carry out the high expectations the country had 
formed of his military talent ? 

Was there ever a commanding officer to whom more leniency was shown 
for his shortcomings than he ? 

In reference to his ability as a commander, the following facts have been 
asserted by those who are willing to testify to the same under oath. 

1. He has never, in any battle, heen under fire. 

2. He has never in any battle, where he had control, gained a permanent 
advantage over the enemy. 

3. Hfi wrote jngt previous to the " change of base" to James river, an order 
''■for the baggage and munitions of war of the Jirmy to be all gathered 
together and burnt," and every man to save himself as best he might,'''' and 
was only prevented from issuing it by the urgent remonstrances of his 
officers. 

4. He stated upon going on board the Galena, that he should be obliged " to 
surrender the Array'''' before morning, which was only saved by the superior 
generalship of his officers in defeating the enemy by their individual efforts. 
It is not our design here to discuss, at length, his merits and failures, or critis. 
cise his military talent. They can be more fully ascertained by a careful pe- 
rusal of the "Conduct of the War," or "Ball's Bluff to Antietam," and "Mc- 
Clellan's Military Career lleviewed and Exposed." 

From a fair and impartial trial of more than a year, in which his ability and 
military strategy had full scope, resulting in continued disaster, and not even 
one decisive victory, the patience of the country became exhausted, and the 
President and Cabinet decided on his removal. 

As a statesman, the people have yet to learn the extent of his intellectual 
ability, in which, if his present reticence on political topics continues, 
the country will be hardly more enlightened than now by the 8th of No- 
vember. 

Having briefly reviewed the acts of McClellan, and the circumstances by 
which the Government called him on the stage as a prominent actor in the 
bloody struggle now pending, we purpose to review other acts of the Adminis- 
tration, and leave to the people to judge of their general results thus far, as 
affocting the great issues forced upon us by this unnatural controversy. 

It has been sneeringly asked what has this Administration done ? It has 
forever abolished slavery in the District of Columbia, and by the Act of Eman- 
eipation tolled its death knell in all the Southern States. Out of fifteen States 
and territories originally held by the rebels, they now hold but ten States in 
part. 

The area of the original territory in square miles is 1,653,852 

The territory in square miles now held by them is. 342,668 

ThiB original amount of population was 12,121,294 

The population now in rebellion is 4,453,232 

Showing that we have recovered 7,638,062 of the pop- 
ulation, and have reconquered 1,311,184 square miles of territory. 
• In the outset, the rebels had possession of the army, and had sent the 
navy to foreign seas, and had also three-fourths of the army officers, who 



liad all bc'ii cduratC'il at the expense of the Government they were in arms 
against. ' They had also stolen from the Government small arms and ord- 
nance sufficient for an army of 150,000 men. 

We therefore, had an army to organize and educate in the art of war, and 
our Ki\v\ to cnljr*p to meet the exigencies arising. What tiave we done? 
, We %ivb mahuTactured over 1,000,000 stand of armSi We iiave built 
ShTli/ Iron Cltieh, and over one Jtnndred and fifty wooden war vessels ! We 
have organized and disciplined the largest army the world ever saw ! We 
Icive maniif:u-turvd o\ci- five tliousund pieces of field artillery, and over, two 
r//o?/>rf.'!f/1ip'aVy gu'rrs, from a 10-pounder to'^he mammoth 15-inch guns, car- 
rying pii'ieet 1 s a distance of five miles and inorei' We have brought the 
science of ■jnuiii;'ry'^earf*r to perfection than ony other nation, and. by the 
introduction if oifr Monitors compelled the respect of England and France, 
liv revoliilirnizing Naval- Warfare. «'••.' v 



"iU'iiieiU tiUtoS, -tIIU iiiCLD liiciU ; /rt- i.iive 

. efficiently^ *hat tliey now have but oi.c 
' >ri wi eniiy. ;tnii can fi'iiy .nter and depart from that under cover of dark- 
'les?. The. Old Flag, lianislied from the seceded States upon the passage 
)l' the^'ordinance of secession, now floats over our*rmies in all of them ! 

We have cleared the Shenandoah Valley of Rebels, winning three bril- 
liant victories, afid now hold it! 

Our armies under (iiJAVT, Sherman, and Sheridan have been victorious 
in over forty battles Our Navy has won imperishable renown under Foote 
and FARRAcrr. and has to a great extent contributed to its support by the 
capture ol over one Ihonsand important prizes, valued at over S10,000,000. 
We have wrested from the rebel grasp, the Mississippi river, and kept it 
ipen! We have done tnore to extend the area of Freedom, and demon- 
■ilrated more forcibly to the world the inherent energy of the American peo- 
ple, and their ability for self-government, than any administration since the 
■xistence of the Government ! 

We have filled our Treasury, and established a National currency, and 
. et, despite all obstacles, we have sustained our credit, without any foreign 
iidebtedness. And in the face of all the facts above, there arc those so false 
to truth and to their country, as to deliberately assert that this Administra- 
ion has failed to show any evidence <rf progress, 
fn the discharge of officia! dutv, Mr. Lincoln hna cv^- "c'ed <"• 
'•onpRtlv. and in 1)14 piibP,. latcrcourse wilJi the p»opic, '-ii»s ■• 



Ol numaiiiiy. 

In a war of the magnitude of the present, whore force of circumstances 
must govern the controlling Power, with no precedents for guidance, some 
(irrors must unavoidably arise, but no candid man will venture to doubt the 
purity of Mr. Lincolu'.i motives, or assert that he has been inconsistent, or 
has willingly committed or allowed acts of injustice to any. 

In conclusion, we would say to every voter, and lover of his country, 
that in judging of the future by the past, we ought as Americans to feel 
every confidence in the Patriotism and Political Integrity of .'?i;-a//a/n A? «- 
coin and have an abiding faith, that, profiting by his knowledge and expe- 
rience in our comury's advorfiity, he will, if (dected, faithfully administer to 
her necessities, and .successfully pilot her on a voyage of prosperity. 

, W. 11. Moore, Printer, 484 Eleventh street, between E and F streets. 



